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Media, Technology, and Telecoms (MTT) law is a broad legal field that covers the creation, distribution, and regulation of information, communications, and technology. In South Dakota, MTT law is influenced by both federal rules and unique state policies. This area includes issues such as freedom of speech, data privacy, broadcasting, internet regulation, telecommunications infrastructure, and online business. As media and tech industries evolve, South Dakota’s legal system continues to adapt, making it essential for individuals and businesses to understand their rights and responsibilities.
Legal issues in media, technology, and telecoms can be complex, with consequences that impact your business and personal rights. You may need a lawyer in situations such as:
South Dakota’s media, technology, and telecom sectors are primarily regulated by federal agencies such as the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC), but the state has additional statutes and rules to manage privacy, communications, and tech businesses.
Social media use is governed by federal law, including copyright and privacy protections, but South Dakota also has laws addressing cyberbullying, harassment, and school district policies for students and employees. Individuals can be held liable for harmful or defamatory online posts.
Under South Dakota law, businesses must notify individuals and the Attorney General within 60 days of discovering a data breach involving personal information. Fines can be imposed for failing to comply.
Yes. The South Dakota Public Utilities Commission regulates local telephone and internet providers for fair competition, service quality, emergency services (such as 911), and consumer rights.
South Dakota uses a one-party consent rule, meaning you can record a conversation if you are part of it or have consent from one party involved. Secretly recording conversations you are not part of is generally illegal.
Victims of online libel or slander can pursue civil remedies in state courts. The law protects individuals and businesses from false statements that cause harm to reputation.
Gaining unauthorized access to computer systems can result in criminal charges under South Dakota law, including fines and imprisonment, especially if sensitive information is stolen or harm is caused.
State programs and regulation by the SDPUC promote expansion of broadband and high-speed internet access, offering grants and incentives to providers serving rural communities.
Online businesses must comply with South Dakota’s tax laws, consumer protections, and business registration requirements. Notably, South Dakota was instrumental in the Wayfair decision, allowing states to require online sellers to collect sales tax.
Federal laws such as the Children’s Online Privacy Protection Act (COPPA) apply. South Dakota law also addresses cyberbullying and requires certain reporting and disciplinary measures in schools.
Yes. Although guided mainly by federal law (such as the Americans with Disabilities Act), companies operating in South Dakota should ensure websites and digital services are accessible to people with disabilities.
If you need more information or assistance, the following resources can help:
If you believe your media, technology, or telecommunication rights have been violated, or your business faces legal complexities in these areas, consider the following steps:
Acting quickly and seeking qualified legal advice can help you avoid pitfalls, protect your rights, and navigate the rapidly evolving landscape of media, technology, and telecoms in South Dakota.
